205 Mass. Reg. 15.02

Current through Register 1523, June 7, 2024

Section 15.02 - Racing Meeting License Application

(1)Required Materials. An applicant must submit a fully executed original application to the Commission on or before the application deadline. All application materials shall be submitted in accordance with the instructions included in the relevant form or online. The Commission shall have no obligation to accept or review an incomplete application. Applicants shall, at a minimum, submit the following completed materials as part of their application:

(a) If the applicant is not currently a licensee:

1. a scoping survey;

2. For each designated (or, with the permission of the Bureau, anticipated) entity qualifier: a BED;

3. For each designated (or, with the permission of the Bureau, anticipated) individual qualifier:

a. An MJPHD; and

b. A Mass. Supp.

(b) A racing meeting license application form, in accordance with 205 CMR 15.02 and consistent with M.G.L. c. 128A and M.G.L. c. 128C, signed and sworn to by an authorized individual;

(c) A $300 licensing fee pursuant to M.G.L. c. 128A, § 4;

(d) A certified check or bank draft, or electronic equivalent, payable to the Commission, weekly in advance for the full amount of the license fee required by M.G.L. c. 128A;

(e) A bond payable to the Commission in the amount of $125,000 with a surety or sureties approved by the Commission conditioned upon the payment of all sums which may become payable to the commission under 205 CMR 15.00.

(2)Sequence of Submissions. An applicant who is not currently a licensee:

(a) may submit the scoping survey prior to and separately from any other required materials; and

(b) may submit any BEDs, MJPHDs, and Mass. Supps. required by 205 CMR 15.02(1)(a)2. and 3;

1. prior to and separately from the materials required under 205 CMR 15.02(1)(b) through (f); and

2. Either for all qualifiers at once, or, with the permission of the Bureau, on a per-qualifier basis.

(c) An applicant who submits any forms prior to and separately from other application materials in accordance with 205 CMR 15.02(2)(a) or (b) must also submit an attestation signed and sworn to that the applicant intends in good faith to submit a fully executed original application on or before the application deadline, and acknowledging that if the applicant fails to do so without good cause, the Commission may charge the applicant for any administrative and investigatory costs incurred in evaluating those application forms the applicant did submit. Only one such attestation shall be required per application regardless of the volume or nature of forms submitted early.

(3)Racing Meeting License Application Form requirements.

(a) For any applicant, the racing meeting license application form shall require the following:

1. The name of the applicant;

2. The post office address of the applicant, and if a corporation or corporate entity, the name of the state under the laws of which it is incorporated or formed, the location of its principal place of business and the names and addresses of its directors and stockholders, members, or directors;

3. The location of the racetrack where it is proposed to hold or conduct such meeting;

4. An explanation of the ownership of the real property on which the race track is proposed to be constructed or operated, and the applicant's rights to construct or operate the race track on said real property;

5. Documentation sufficient to demonstrate that the applicant has received:

a. municipal approval pursuant to M.G.L. c. 128A, § 13A; and

b. an affirmative county vote pursuant to M.G.L. c. 128A, § 14;

6. The calendar year in which the applicant anticipates conducting the meeting, and the specific days on which it intends or anticipates holding or conducting such a meeting;

7. The hours of each day between which it is intended to hold or conduct racing at such meeting subject to the restrictions described in M.G.L. c. 128A;

8. An attestation signed and sworn to that the applicant will comply, in case such license be issued, with all applicable laws and with all applicable rules and regulations prescribed by the Commission, and that the applicant shall have an affirmative obligation to abide by every statement made in the application to the Commission should it be awarded a license;

9. An attestation signed and sworn to that the applicant will comply, in case such license shall be issued, with all affirmative representations, promises or inducements made to governing bodies, government officials of the host and surrounding communities or local organizations and any mitigation agreements, formal or informal; and

10. Such other information or certifications as the Commission may require.

(b) For any applicant who proposes to hold a racing meeting at a race track where the applicant has not previously held a racing meeting, the racing meeting license application form shall also require the following:

1. A summary of the project and racing facilities including a description of the proposed financing and source(s) of capital;

2. Submission of feasibility, viability, economic impact/development studies including projected revenues, purses, handles, tax payments, attendance, and employment figures;

3. Submission of designs, traffic, and environmental impact studies, including information relative to the safety and security of patrons, employees, occupational licensees, and horses;

4. A detailed description of the race track that will be constructed and an indication of the type of grounds the horses will be raced upon, whether dirt, turf or synthetic, including a timeline for completion and the name and qualifications of the entity or individual overseeing construction;

5. Information relative to the public interest and benefits associated with the conduct of the proposed racing meeting including the existence of, or the applicant's plan to execute, a purse agreement with a representative horsemen's organization; any support or opposition to the proposal has received from the host and nearby communities; and the applicant's plan to attract and employ a diverse workforce in both construction and operational phases of the proposal, including through use of vendors.

6. Information or a statement as to whether the applicant plans on entering into a Project Labor Agreement(s);

7. Information relative to the proposed pari-mutuel wagering plan for live racing, simulcasting, and advance account deposit wagering;

8. Information relative to the proposed responsible gaming initiatives to be offered on the premises;

9. Information relative to the applicant's plans to seek or not seek a Category 2 Sports Wagering license;

10. Any agreements, written or otherwise, that the applicant has made or executed with racing governing bodies, the municipality where the applicant proposes to hold racing meetings, other municipalities, or any other entities; and

11. Such other information or certifications as the Commission may require.

(c) For any applicant who is not currently a licensee, or who has not previously been found durably or temporarily suitable in accordance with 205 CMR 15.00 to hold a license, the racing meeting license application form shall also require the following:

1. An attestation signed and sworn to that if the form described in 205 CMR 15.02(1)(a)1. is not deemed administratively sufficient by May 1^st, the applicant acknowledges the Commission may not have adequate time to assess the applicant's suitability, and that this may result in denial of the application;

2. An attestation signed and sworn to that if the forms described in 205 CMR 15.02(1)(a)2 and 3. are not deemed administratively sufficient by August 1, the applicant acknowledges the Commission may not have adequate time to assess the applicant's suitability, and that this may result in denial of the application; and